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(영문) 창원지방법원 2017.05.18 2016가단107403
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned and operated a F Truck (hereinafter referred to as “one-time truck”) and sold a G Truck (hereinafter referred to as “two-time truck”) one-time thereafter, after the Plaintiff sold a motor vehicle.

) A person who purchased and operated the foregoing truck is a credit card (Korean bank Lone Star Truck and Korean Bank Hyb Card, hereinafter referred to as “instant credit card”) in Chapter 2 received a fuel subsidy from the State with respect to the said truck.

(2) Defendant B, from December 16, 201, managed H gas stations (hereinafter “instant gas stations”) and closed on April 30, 2014, and Defendant C is an employee of the said gas stations; Defendant D is a person married with the Plaintiff on March 28, 2008 but divorced on February 18, 2014.

B. As a result of the relevant criminal case, the Plaintiff filed a criminal complaint on suspicion of the violation of the Act on Fraud and Specialized Credit Financial Business, alleging that he/she had obtained the comprehensive authority on the use of credit cards from the Plaintiff. However, the prosecutor in charge determined that Defendant D obtained the comprehensive authority on the use of credit cards from the Plaintiff, and subsequently filed a criminal complaint against Defendant C on suspicion of violation of the Specialized Credit Financial Business Act. The prosecutor in charge determined that Defendant C’s act does not constitute “the act of financing funds” (No. 2016-type 5731) and decided that the act of Defendant C did not constitute “the act of financing funds” (No. 2016-type 5731, Oct. 7, 2016). The Prosecutor in charge dismissed the appeal against Defendant D’s violation of the Specialized Credit Financial Business Act and against Defendant C, and the fraud against each of Defendant D’s relatives is also exempt from punishment under Article 354(1)35(1) of the Criminal Act.

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